Update April 22, 8.30 PM ET: Trump has signed the executive order to stop the entry of people with no valid green card for the next 60 days.
The ban starts Apr 23, 2020, at 12 PM-Midnight Eastern Time and will end on June 23, 2020 midnight for:
- Parents, Siblings of US citizens
- Spouses and minor children of permanent residents
I130 application can be approved but the next step of the green card will be delayed. The order affects people who do not have an approved GC as of today. They cannot expect to enter the US in the next 60 days.
The US embassy visa officer will take into account this order while approving your GC application.
Green card holders currently outside the USA can travel and enter. GC holders who are currently in the USA are not affected including Spouses and children of US citizens.
|Type of Application||Trump Executive Order Bans|
|i485 AOS, i485 EAD||No,|
Nothing is mentioned explicitly but the intent is to keep job seekers away. i485 Can be approved and can be filed but may be delayed.
|Green card Pending – Outside USA||Yes,|
Green cards may not be approved for 60 days till the order stays Active.
|Green card Valid – Outside USA||No,|
You can enter US with valid Green card.
|I-130 Family Sponsor Application||No, |
It can be approved and you can file i485.
|i140, PERM, EB5||No|
|am22tech.com||(Updated 4/22 – 8.30 PM ET)|
|H1B, L1A, L1B Work Visa, |
H4 EAD, L2 EAD
Valid visa holders can enter USA as their work Authorization is backed by LCA.
|F1, OPT, STEM, H2B, B1/B2 Visa||No,|
Valid visa holders can enter USA.
This article will discuss:
Are H1B & L work visas affected?
Trump’s executive order does not affect work visa programs at this time but the order does mention that they will review nonimmigrant programs within 30 days to see their effects on the US job market.
This is in line with what we have been reporting that pausing work visas is on the card but has been delayed as it is more complex and targets high paying jobs.
It is possible that another order may be coming soon which will target work-based visas.
It all started when Jeff Sessions, Former Attorney General, and current Republican U.S. Senate candidate floated the idea of work visa moratorium on April 18.
“We have about 1.4 million people that come to this country every year to take jobs. We just announced today 5 million more people on the unemployment roll … 22 million now [since mid-March]. There is no doubt it is in the interest of the United States of America to make sure that we get every one of those unemployed American jobs first,” Sessions said.
He had told FoxNews that “American families and workers must come first. It is morally wrong and economically disastrous to import more foreign workers when millions of Americans are out of work through no fault of their own”.
It may have provisions to hold off work visas for 30-90 days with these exceptions:
- Jobs in Food Production (farm workers) using the H2B visa and supply chain.
- Healthcare professions – Anybody working in a medical profession or a health care company might be safe.
H1B workers might be asked to provide updated LCA certifications proving that they are not displacing American workers!
This is a BIG task and will certainly affect current extensions, transfers, and other applications. Note that there are no concrete details available yet. I will update as soon as I hear more.
People with a valid visa but are currently stuck in their home country like China or India may not be able to travel back to the US in the near future if this entry ban is implemented.
The sentiments are high and most decisions in an election year are going to be made keeping in mind the voter sentiment which incidentally is inclined towards banning immigration. See this Washington Post survey: